A patent is the granting of a property right by a sovereign authority to an inventor. This grant provides the inventor exclusive rights to the patented process, design, or invention for a designated period in exchange for a comprehensive disclosure of the invention.
As per the Patent Act, for an invention to be patentable, the invention must be a new product or process, involving an inventive step and capable of being made or used in industry. It means the invention to be patentable should be technical in nature and should meet the following criteria – Novelty: The matter disclosed in the specification is not published in India or elsewhere before the date of filing of the patent application in India. Inventive Step: The invention is not obvious to a person skilled in the art in light of the prior publication/knowledge/ document. Industrially applicable: Invention should possess utility so that it can be made or used in an industry.
A patent application for an invention can be made by any of the following persons either alone or jointly with any other person: The true and first inventor True and first inventor‘s assignee The legal representative of the deceased true and first inventor or his/her assignee The Patent Act defines the word “person” as including any natural person, company or association or body of individuals or government body, whether incorporated or not. In the case of a proprietorship firm, the application should be made in the name of the Proprietors. In the case of a partnership firm, the names of all personally responsible partners must be included in the patent application. An assignee can also be a natural person or other than a legal person such as a registered company, LLP, a Section 8 Company, an educational institute or Government. It is also important to note that true and first inventor does not include either the first importer of an invention into India or a person to whom an invention is first communicated from outside India. Th applicant is required to disclose the name, address and nationality of the true and first inventor.
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